University of Illinois Urbana-Champaign

Tackling the Measurability Problem of Physical Pain in Personal Injury Cases: The Case for Remembered Pain and for Disregarding Race and Gender

Shavizky, Amir

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Description

Title
Tackling the Measurability Problem of Physical Pain in Personal Injury Cases: The Case for Remembered Pain and for Disregarding Race and Gender
Author(s)
Shavizky, Amir
Issue Date
2008
Doctoral Committee Chair(s)
Ulen, Thomas S.
Department of Study
Law
Discipline
Law
Degree Granting Institution
University of Illinois at Urbana-Champaign
Degree Name
J.S.D.
Degree Level
Dissertation
Keyword(s)
Law
Language
eng
Abstract
Finally, this dissertation tackles the thorny issue of translating pain into money. I propose valuing pain using the willingness-to-pay formula, according to which jurors would ask themselves what is the maximum sum of money that a reasonable person would have been willing to pay to eliminate the risk of ending up with the remembered pain sustained by the plaintiff. This formula is superior to previous proposals because it focuses on the harm of the victim and on the ex ante probability that the harm would take place.
Graduation Semester
2008
Type of Resource
text
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http://hdl.handle.net/2142/86511

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